Case Law

  • 28/02/2020

    Re [2020] EWCOP1

    The Protected Party (P) is a young man aged 20, who is severely impaired by autism.  The Applicant in this matter was P’s mother, the First Respondent, P’s father, and Second Respondent P’s stepmother. The matter related to an application brought by P’s mother, who was subject to a civil […]

  • 28/02/2020

    JBN, Re [2019] EWCOP 62

    This case concerned an application by the Public Guardian to revoke a Lasting Power of Attorney for property and affairs (“the LPA”) made by JN, appointing his son, DN, as attorney. The Public Guardian had concerns that DN had not acted in his father’s best interests by selling his residence […]

  • 26/02/2020

    A Local Authority v PS & HS [2019] EWCOP 60

    The Court was asked to make a declaration that PS lacked capacity to make decisions regarding contact, and whether it was in her best interests not to have contact with her former husband, HS, if she did lack capacity. PS was 80 years old and had divorced HS about 25 […]

  • 22/01/2020

    Cheshire West and Chester Council v PWK [2019] EWCOP 57

    This was an application by the local authority for declarations that P, who suffers from autism and learning difficulties, lacked capacity in six areas: (1) where to reside; (2) care and support needs; (3) contact with others; (4) social media and the internet; (5) financial and property affairs; and (6) […]

  • 10/01/2020

    CB v KB [2019] EWFC 78

    This judgment relates to the wife’s ‘de facto’ financial claim in a case where the husband was a musician in a well-known band.  The parties’ relationship began in 1998, they married in December 2003 and separated in January 2017.  There were 6 children of the family.  The husband was the […]

  • 17/10/2019

    Lincolnshire County Council v AB [2019] EWCOP 43

    This was an application by the local authority for the court to determine P’s capacity and best interests, specifically with regard to contact with sex workers. P is a 51 year old man with a diagnosis of moderate learning disabilities, autistic spectrum disorder, harmful use of alcohol and psychosis due […]

  • 15/10/2019

    Twah, Re [2019] EWCOP 36 (21 August 2019)

    This was an application by a trust corporation which was linked to a charity for the appointment of a property and affairs deputy for P who was lacking capacity. The judgment in Various Incapacitated Persons and The Appointment of Trust Corporations as Deputies [2018] COP 3 was considered. It was […]

  • 15/10/2019

    Guys and St Thomas’ NHS Foundation Trust v X [2019] EWCOP 35

    This matter concerned an application made by Guys and St Thomas’ Foundation Trust for a declaration regarding capacity and orders for serious medical treatment, relating to the Protected Party (P), who was in the advanced stages of pregnancy. The application was initially dealt with out of hours by way of […]

  • 10/10/2019

    United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24

    This was an application by the NHS Trust concerning the medical treatment of P, a 27-year old woman, detained pursuant to section 3 of the Mental Health Act 1983. P was 35 weeks pregnant and the NHS Trust were applying to the Court to make an anticipatory and contingent declaration, […]

  • 15/07/2019

    Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust v TG & Anor [2019] EWCOP 21

    This was a judgment concerning a patient in the critical care unit of the Royal Bournemouth Hospital and whether or not it was in the best interests of that patient that intubation should continue or not continue to be provided. The patient concerned had been attending church in December 2018 […]

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